Bill Would Protect 1st Amendment
Washington, D.C. (February 13, 2009) – U.S. Senator Arlen Specter (R-PA), Ranking Member of the Senate Judiciary Committee, today introduced the following six bills that protect First Amendment rights, the Attorney-Client privilege, and correct inconsistent treatment of tax liabilities related to litigation:
Free Flow of Information Act (the “Media Shield” bill)—Establishes a qualified privilege, like the one that exists in 49 States, for reporters to withhold from Federal courts, prosecutors, and other Federal entities, confidential source information obtained or created under a promise of confidentiality. The bill takes into account that, in certain instances, the public’s interest in national security, law enforcement and fair trials outweighs the public’s First Amendment interest in permitting reporters to protect the identify of sources. The bill includes exceptions to the privilege to protect national security, prevent an act of terrorism, or stop a kidnapping or a crime that could lead to death or physical injury. In addition, under this bill, a journalist who is an eyewitness to, or takes part in, a crime or tort may not withhold information on grounds of the qualified privilege. Federal courts have applied different rules in different jurisdictions, and Congress should provide clarity and uniformity. Cosponsors include: Senators Schumer, Lugar, and Graham.
Free Speech Protection Act (the “Libel Tourism” bill)—Grants federal courts the ability to bar enforcement of foreign libel judgments if the material at issue would not constitute libel under U.S. law. The bill deters “libel tourism” suits filed in foreign courts by permitting American defendants to countersue under certain circumstances.
This bill is being introduced because, despite the protection for free speech under our own law, the rights of the American public, and of American journalists who share information with the public, are being threatened by the forum shopping of libel suits to foreign courts with less robust protections for free speech. Cosponsors include: Senators Lieberman and Schumer.
Attorney-Client Privilege Protection Act—Prohibits federal prosecutors and investigators across the executive branch from requesting or conditioning charging decisions on an organization’s reasonable assertion of attorney-client privilege or decision to pay of attorneys fees for an employee. This bill emphasizes that the right to counsel is chilled unless the confidential communications between attorneys and their clients are protected by from compelled disclosure. The Department of Justice has changed its rules three times in the past few years, and attorneys and clients need clarity and an unchanging rule Cosponsors include: Senators Carper, Cochran, Kerry, Landrieu, and McCaskill.
Legislation to Permit the Televising of Supreme Court Proceedings—Requires the Supreme Court to permit television coverage of its open sessions unless it decides by a majority vote that the coverage would violate the due process rights of any of the parties before the Court. This will allow more Americans to see the process by which the Court reaches critical decisions of law that affect the country. This legislation is identical to bills introduced by Senator Specter and approved by the Senate Judiciary Committee in both the 109th and 110th Congresses. Cosponsors include: Senators Grassley, Durbin, Schumer, Feingold, and Cornyn.
Legislation to Amend the Internal Revenue Code to Allow an Above-the-Line Deduction for Attorney Fees and Costs in Connection with Civil Claim Awards—Allows taxpayers to subtract from their taxable gross income the attorneys’ fees and court costs paid in connection with an award or settlement of monetary damages in a civil claim. This corrects an inequity in the tax code that results in the double taxation of attorneys’ fees and costs in certain circumstances. This bill seeks to prevent situations in which plaintiffs incur significant tax liability if they must count as income an amount beyond what they actually receive after winning or settling a case. This bill is cosponsored by Senate Judiciary Committee Chairman Patrick Leahy.
Legislation to Amend the Internal Revenue Code to Allow the Deduction of Attorney-Advanced Expenses and Costs in Contingency Cases—Permits attorneys to deduct expenses and court costs incurred on behalf of contingency fee clients as an ordinary and necessary business expense in the year such expenses are sustained, rather than when the case is resolved. The bill clarifies the law to make certain that attorneys who take on contingency fee cases are able to enjoy the same tax treatment as other small business in the country. Cosponsors include: Senators Leahy, Wyden, Graham, Martinez, Landrieu, and Crapo.
Free Flow of Information Act (the “Media Shield” bill)—Establishes a qualified privilege, like the one that exists in 49 States, for reporters to withhold from Federal courts, prosecutors, and other Federal entities, confidential source information obtained or created under a promise of confidentiality. The bill takes into account that, in certain instances, the public’s interest in national security, law enforcement and fair trials outweighs the public’s First Amendment interest in permitting reporters to protect the identify of sources. The bill includes exceptions to the privilege to protect national security, prevent an act of terrorism, or stop a kidnapping or a crime that could lead to death or physical injury. In addition, under this bill, a journalist who is an eyewitness to, or takes part in, a crime or tort may not withhold information on grounds of the qualified privilege. Federal courts have applied different rules in different jurisdictions, and Congress should provide clarity and uniformity. Cosponsors include: Senators Schumer, Lugar, and Graham.
Free Speech Protection Act (the “Libel Tourism” bill)—Grants federal courts the ability to bar enforcement of foreign libel judgments if the material at issue would not constitute libel under U.S. law. The bill deters “libel tourism” suits filed in foreign courts by permitting American defendants to countersue under certain circumstances.
This bill is being introduced because, despite the protection for free speech under our own law, the rights of the American public, and of American journalists who share information with the public, are being threatened by the forum shopping of libel suits to foreign courts with less robust protections for free speech. Cosponsors include: Senators Lieberman and Schumer.
Attorney-Client Privilege Protection Act—Prohibits federal prosecutors and investigators across the executive branch from requesting or conditioning charging decisions on an organization’s reasonable assertion of attorney-client privilege or decision to pay of attorneys fees for an employee. This bill emphasizes that the right to counsel is chilled unless the confidential communications between attorneys and their clients are protected by from compelled disclosure. The Department of Justice has changed its rules three times in the past few years, and attorneys and clients need clarity and an unchanging rule Cosponsors include: Senators Carper, Cochran, Kerry, Landrieu, and McCaskill.
Legislation to Permit the Televising of Supreme Court Proceedings—Requires the Supreme Court to permit television coverage of its open sessions unless it decides by a majority vote that the coverage would violate the due process rights of any of the parties before the Court. This will allow more Americans to see the process by which the Court reaches critical decisions of law that affect the country. This legislation is identical to bills introduced by Senator Specter and approved by the Senate Judiciary Committee in both the 109th and 110th Congresses. Cosponsors include: Senators Grassley, Durbin, Schumer, Feingold, and Cornyn.
Legislation to Amend the Internal Revenue Code to Allow an Above-the-Line Deduction for Attorney Fees and Costs in Connection with Civil Claim Awards—Allows taxpayers to subtract from their taxable gross income the attorneys’ fees and court costs paid in connection with an award or settlement of monetary damages in a civil claim. This corrects an inequity in the tax code that results in the double taxation of attorneys’ fees and costs in certain circumstances. This bill seeks to prevent situations in which plaintiffs incur significant tax liability if they must count as income an amount beyond what they actually receive after winning or settling a case. This bill is cosponsored by Senate Judiciary Committee Chairman Patrick Leahy.
Legislation to Amend the Internal Revenue Code to Allow the Deduction of Attorney-Advanced Expenses and Costs in Contingency Cases—Permits attorneys to deduct expenses and court costs incurred on behalf of contingency fee clients as an ordinary and necessary business expense in the year such expenses are sustained, rather than when the case is resolved. The bill clarifies the law to make certain that attorneys who take on contingency fee cases are able to enjoy the same tax treatment as other small business in the country. Cosponsors include: Senators Leahy, Wyden, Graham, Martinez, Landrieu, and Crapo.
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